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The Deichland - Court of Appeal (Neill & Stuart Smith L.JJ. & Sir Denys Buckley) - 20 April 1989
The plaintiff cargo owners alleged that their cargo had suffered loss and damage as a result of the breach of contract and/or breach of duty of the defendant demise charterers. The cargo had been carried in the vessel Deichland. The defendants were..
Online Published Date:
06 May 1989
Appeared in issue:
248 - 06 May 1989
Browner International Transport Ltd. v. Monarch S.S. Co. Ltd. (The European Enterprise) - Q.B.D. (Com.Ct.) (Steyn J.) - 7 April 1989
The plaintiff cargo interests entered into a contract of carriage with the defendant owners of the vessel European Enterprise
for the carriage of a consignment of meat from Dover to Calais. The goods were loaded to the upper deck and were damaged..
Online Published Date:
06 May 1989
Appeared in issue:
248 - 06 May 1989
H.M. The Queen in the right of Canada as represented by the Department of Fisheries and Oceans Fishing Vessel Insurance Plan (Appellants) v. Les Tulloch (Respondent) - Federal Ct. of Appeal (Stone, Mahoney & MacGuigan J.A.) - 6 February 1989
The fishing vessel Wavie II
was owned by the respondent and was insured by the appellants under a Hull and Machinery Time Policy. She was lost on 12 June 1987 as a result of an insured peril but the appellants refused to pay out under the policy on..
Online Published Date:
06 May 1989
Appeared in issue:
248 - 06 May 1989
Carrington Slipways Pty. Ltd. v. Pacific Austral Pty. Ltd. (The Cape Comorin) - New South Wales Supreme Court (Rogers C.J.) - 2 February 1989
Pacific Austral (a freight forwarder) had been retained by the plaintiff cargo owner to arrange a shipment of two marine diesel engines from Osaka to Sydney. In the course of discharge the crate in which the second of the engines was stowed fell..
Online Published Date:
06 May 1989
Appeared in issue:
248 - 06 May 1989
11/89
The vessel was chartered under the Asbatankvoy form as amended. Clause 6 of the charter provided:
Upon arrival at customary anchorage at each port . . . the Master or his agent shall give the charterer or his agent notice by letter, telegraph,..
Online Published Date:
06 May 1989
Appeared in issue:
248 - 06 May 1989
The Mercury Bay Boating Club Inc. v. San Diego Yacht Club - Sup.Ct. N.Y. County - N.Y.L.J. 31 March 1989
In September 1988 the San Diego Yacht Club won the America’s Cup in a catamaran. The unsuccessful challenger, the Mercury Bay Boating Club, objected to the use of a multihulled vessel. Mercury Bay subsequently applied to the court for an order..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Transol Bunker B.V. v. M/V Andrico Unity - Supreme Court (Appellate Division) (Corbett, Hoexter, E. M. Grosskopf, Milne JJ.A., and Nicholas A.J.A.) - 29 March 1989
The plaintiffs, who had supplied bunkers to the vessel Andrico Unity in Argentina, arrested the vessel in Cape Town. The shipowners contended that the alleged Argentinian maritime lien was not a maritime lien of the kind envisaged by section 3(4)(a)..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Almare Societa di Navigazione S.p.A. v. Derby and Co. Ltd. (The Almare Prima) - Q.B.D. (Com.Ct.) (Phillips J.) - 6 April 1989
Derby bought a cargo of fuel oil of FOB terms that provided for payment against bills of lading. The contract expressly provided for title to pass to Derby at the loading port. The Almare Prima
was chartered for that purpose. Bills of lading were..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Industrie Chimiche Italia Centrale and Another v. Alexander G. Tsavliris & Sons Maritime Co. and Others (The Choko Star) - Q.B.D. (Adm.Ct.) (Sheen J.) - 13 April 1989
Salvage services were rendered to the vessel Choko Star
under a Lloyd’s Standard Form signed by the master of the Choko Star
. The plaintiffs were the owners of cargo on board the Choko Star
at the relevant time. They contended that the..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Commercial Bank of the Near East Plc. v. A. and others - Q.B.D. (Com.Ct.) (Saville J.) - 30 January 1989
This was a chambers judgment which the judge requested should be treated as if it had been delivered in open court.
The purpose of having the judgment delivered in open court was to make it clear to potential plaintiffs seeking Mareva injunctions..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Wibau Maschinenfabrik Hartman S.A. v. Al-Owaidah Establishment for Contracting (The Chanda) - Q.B.D. (Com.Ct.) (Hirst J.) - 24 April 1989
The plaintiff cargo interests claimed damages from the defendant carrier in respect of damage to cargo which had been stowed on deck without authorisation. The carriers claimed to limit their liability under the Hague Rules. They relied on The..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989
Baltic Shipping Co. v. Kruger Inc. and another (The Mekhanik Tarasov) - Federal Court of Appeal (Iacobucci C.J., Urie and MacGuigan JJ.A.) - 31 March 1989
One of the issues in this case was whether shipowners could rely on the defence “perils of the sea” in Artivle IV, rule 2(c) of the Hague Rules.
The ro-ro vessel Mekhanik Tarasov
was lost in the North Atlantic in February in weather..
Online Published Date:
20 May 1989
Appeared in issue:
249 - 20 May 1989